United States Fifth Circuit

Denial of habeas relief and a request for a certificate of appealability in a death penalty case are affirmed and denied, respectively, over procedurally barred or abandoned claims, and claims of error regarding: 1) whether the conviction was obtained in violation of the Fifth Amendment under the doctrine of collateral estoppel; 2) Brady claims; 3) ineffective assistance of counsel; 4) the jury's consideration of evidence regarding parole during deliberations; 5) jury instructions; 6) denial of defendant's request to introduce evidence on the length of time he would be required to serve before being eligible for parole; 7) alleged eliciting of testimony about defendant's post-arrest silence by the state; 8) admission of evidence; and 9) an Eighth Amendment claim.

Appellate Information

• Decided 12/07/2006
• Published 12/07/2006

Judges

• CARL E. STEWART, Circuit Judge:, Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael Dennis Samonek, John Thomas Haughton (argued), Law Office of John T. Haughton, Denton, TX, for Petitioner-Appellant.


• For Appellees:
  
• Fredericka Searle Sargent (argued), Postconviction Litigation Div., Austin, TX, for Respondent-Appellee.